ML20080N830

Ack Receipt of Georgia Power Motion Re Use of Deposition Testimony at Diesel Statements Hearing.Informs That Intervenor Response Does Not Change Util Position as Stated in Motion

ML20080N830
Person / Time
Site:	Vogtle
Issue date:	03/02/1995
From:	Lamberski J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	Bloch P, Carpenter J, Murphy T Atomic Safety and Licensing Board Panel
References
CON-#195-16432 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9503070109
Download: ML20080N830 (2)

Text

-

,wz TROUTMAN3ANDERS nn-crrm I

. J.J,2..".n.Lv..%...^.T...h.^..?,

"l[silid"

^

NATIONSBANK PLAZA 600 PEACMTREE STREET. N E.

StNTE S200 95 tiAR -3 P2 :59 ATLANTA. GEOROLA 30308 2216 TELEPHONE:404 885-3000 FACSIMtLE 404-8e5-3900 JOHN LAMBERSKI 0FF K.E L DIR4E u;.8 -

. 404 885 3360 March 2,1995 00CKE Ilik; E! E !';i BRw;i VIA AIRBORNE EXPRESS Administrative Judge Peter B. Bloch, Chairman Administrative Judge James H. Carpenter Administrative Judge Thomas D. Murphy Atomic Safety and Licensing Board (Georgia Power)

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Eg:

Vogtle Electric Generating Plant, Units 1 and 2 License Amendment (Transfer to Southern Nuclear) ASLBP No. 93-671-01-OLA-3.

Dear Sirs:

Yesterday, Georgia Power filed a Motion Concerning the Use of Deposition Testimony at the Diesel Statements Hearing (" Motion"). This morning I received the attached facsimile from Intervenor's counsel (which was transmitted at 7:30 p.m. on March 1, after our Motion was filed). Intervenor's response does not change Georgia Power Company's position as stated in its Motion.

Very truly yours, John Lamberski Attachment cc:

Service List 9503070109 950302 PDR ADOCK 05000424 PDR g

9

q7 L

y

=

. J1-1995 19332

. P. 82 3.

KOHN, KOHN. & COLAPINTO, RC.

ATTmNEYs AT LAW j

517 FLOPICA AVEM.E. NW wasMecroM DC 20001 1980 (2::2) 234-es53. FAX M de2-4145 M.ON*.*.'

.o-nus N w -..

=g n. r.

4 L T,.aen. %,n.

a a wm...

March 1, 1995 Vim facsimile John Lamberski, Esq.

i TROUTMAN SANDERS Suite 5000 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 RE:

License Amendment (transfer to southern Nuclear)

Docket Non. 50-4 24 -OM-3 r 50-425 nT A-3

Dear John:

Thank you for your letter of February 22, 1995. Your proposal on this matter is under serious considerat. ion.

However, as a threshold matter I need to know Georgia Power's response to one of I

cur concerns:

If we were to agree to some form of deposition exchanges as set forth in your letter, we believe that such an i

exchange should occur after the filing of the pre-filed testimony in this case.

Specifically, Intervenor will not know which depositions he would like to introduce into the record until after the pre-filed testimony is exchanged.

Additionally, Intervenor needs to insure that any witness called live at the hearing can be subjected to a complete cross examination.

In this regard, any previous testimony.of any such witness, whether given before a Public Utility Comission, the Department of Labor, the NRC OI, the U.S. Senate or in a deposition for this proceeding, can be used to. impeach the witness.

This is a basic tenet of cross examination and a procedural due process requirement.

Consequently, for witnesses who will be called live at the hearing, the Intervenor cannot agree on any restrictions whatsoever on the use of any prior statement of that witness for purposes of cross examination.

Thank you in advance for your kind attention to this matter.

i Since ly, l

1 1

S phen M. Kohn

)

301\\ lam.skl l

TOTAL F.22 J